PUBLIC HEARING: Consider Ordinance to Amend City Code Section 117-118 Entitled The COR Related to Twenty Four (24) Hour Drive Thrus

As part of the update to The COR Zoning Code, including the re-format of the original Design Guidelines to the Design Framework, zoning code standards related to design were shifted from the actual text of the City Code to the new Design Framework document. The intent was to create a more flexible, yet better defined design document for developers to plan their developments. Design standards are based on three (3) factors:

1. Sub-district
2. Street Classification
3. Development Plan as approved by Ordinance

Most standards can easily by applied using the street classification within the underlying sub-district. However, the Development Plan was also utilized to allow certain deviations from the typical sub-district standards where the planned built environment impacts the effectiveness of the core development standard. This is especially important in the retail area on the western portion of the development.

The Notice of Public Hearing was properly published in the Anoka County Union.

The Development Plan has evolved further since the first version of the new COR Zoning District. With further revisions to the Development Plan, Staff has noted some changes to the zoning code text, which still provide permitted use standards, to ensure there is no conflict with the approved Design Framework.

In addition, there appears to have been some sort of formatting issue that dropped drive thru uses with twenty-four (24) hour operations as a conditional use, and only keeping drive thrus as a permitted use (when using audible speakers) between 7:00 a.m. and 10:00 p.m. The intent of the twenty-four hour operation as a conditional use can be illustrated by a similar use permitted as such in the form of car washes, which do allow twenty-four hour operations as a conditional use.

A conditional use allows the City to review a proposed use on a case by case basis to address site-specific conditions and attach reasonable conditions to mitigate potential concerns. If it is the Planning Commission's desire to allow twenty-four hour operation as a permitted use (thus no conditional use permit required), Staff would recommend simply eliminating the hours of operation restriction in the draft ordinance, with no other changes necessary.

Preparation of the Ordinance is being handled as part of regular Staff duties.

Given the feedback that Staff receives from other similar uses using audible speakers, Staff would recommend the Ordinance as drafted, allowing twenty-four hour drive-thru operations in The COR as a Conditional Use. The conditional use permit allows the City to develop reasonable conditions based on the surrounding built-environment, and provides flexibility for the City to not require certain standards be applied to all similar uses if the surrounding built-environment does not necessitate it.

Motion to recommend that the City Council adopt/not adopt the Ordinance amending City Code Section 117-118 relating to twenty-four hour drive-thru operations as a conditional use in The COR District.